Clause 1 of the Bill would amend the Labour Standards Act to remove the definitions of Labour Standards Board and adjudicator. They are no longer necessary as a result of the amendments contained elsewhere in this Bill.

Clause 2 of the Bill would amend the Act to require employers to provide employees with a statement of the terms and conditions of their employment.

The clause would also require employers to display a copy of the Act and regulations on their premises.

Clause 3 of the Bill would clarify how an employee entitled to 2 weeks vacation may take that vacation.

Clause 3 would also require an employer, unless otherwise agreed with an employee, to give the employee 2 weeks written notice of the beginning of a vacation.

The clause would also require an employer to reimburse an employee for reasonable expenses incurred by the employee that are otherwise irrecoverable where the employer cancels or changes the employee's previously approved vacation.

Clause 4 of the Bill would provide that an amount paid by an employer to an employee as vacation pay shall be shown on the pay record given to the employee.

Clause 5 of the Bill would make Remembrance Day a paid public holiday.

Clause 6 of the Bill would establish a method for calculating the pay to which an employee is entitled for a public holiday.

Clause 7 of the Bill would amend the Act to remove the current restrictions on the entitlement to a paid vacation.

Clause 8 of the Bill would extend to management employees the right to a weekly day of rest.

Clause 9 of the Bill would provide that an employer and an employee may agree that the employee may take time off instead of pay in compensation for the overtime worked.

Clause 10 of the Bill would provide that an employer is not required to pay overtime to an employee who works longer than his or her normal work hours as a result of a request by the employee for a change in his or her normal work schedule.

Clause 11 of the Bill would provide for the setting of minimum wage rates by the Lieutenant-Governor in Council without recourse to recommendations of a Labour Standards Board.

Clause 12 of the Bill is consequential on the amendment in clause 11.

Clause 13 of the Bill would permit an employer to pay wages by a cheque drawn on a credit union.

Clause 14 of the Bill would amend the Act to clarify when wages must be paid by an employer to an employee.

Clause 15 of the Bill would provide that an employer may pay wages by direct deposit to an employee's account in a financial institution.

Clause 16 of the Bill would require an employer, unless they agree otherwise, to provide expense advances to an employee who incurs expenses in his or her work for the employer.

Clause 17 of the Bill would clarify the deductions an employer is permitted to make from an employee's wages.

Clause 18 of the Bill would provide that an employer who requires employees to wear special clothes shall provide the clothes to the employees without charge to the employees.

Clause 19 of the Bill would increase the amount of an employee's claim priority for unpaid wages from $2,000 to $7,500. The amendment would also provide that an employer is considered to hold unpaid wages in trust for an employee.

Clause 20 of the Bill would make directors of companies individually and collectively liable for unpaid wages.

Clause 21 of the Bill would clarify that tips or gratuities are the property of the employee to whom or for whom they are given.

The amendment would also allow an employer to make statutory deductions from tips or gratuities where payment is made by credit card or debit card or where the tip is a pre-assigned amount.

Clause 22 of the Bill would provide all employees with an entitlement to 2 days of unpaid bereavement leave. A person who has been continuously employed with the same employer for one month or more is entitled to one paid day as well.

The amendment would also provide that where an entitlement to the one paid day of bereavement leave occurs during vacation leave, the vacation leave is extended by one day.

Clause 23 of the Bill would also add an entitlement to family responsibility leave to the current entitlement of sick leave and increase the leave entitlement from 5 to 7 days in a year.

Clause 24 of the Bill is a consequential amendment resulting from the amendments contained in clause 27. In addition, the amendment would remove the ability of an employee to waive the requirement that an employer provide written notice of termination.

Clauses 25, 26, 32, subclauses 33(2), (3) & (4), clauses 34, 35, 36, 37, 38, 39 and 41 of the Bill would amend the Act to revise the system for appeals under the Act. Currently appeals are heard by a panel of adjudicators. These amendments would transfer the authority to hear appeals to the Chairperson or the Vice-Chairperson of the Labour Relations Board.

Clause 27 of the Bill would extend the notice period for termination that an employer and an employee would be required to give with the period of notice increasing with the length of the period of employment. At present the maximum notice period requirement is 2 weeks.

Clause 28 of the Bill would provide that an employer, instead of providing a notice of intention to terminate in the event of a group lay-off, may pay the wages of the employees in the group to whom the notice would otherwise have been given.

Clause 29 of the Bill would authorize the Lieutenant-Governor in Council to appoint a Labour Standards Board to advise it on matters falling within the scope of the Act. This new board system would replace the standing Labour Standards Board.

The amendment contained in clause 30 of the Bill is consequential on the amendments eliminating the standing Labour Standards Board.

Clause 31 of the Bill would provide a 2 year limitation period for making a complaint to the Director of Labour Standards. However, if an employee's employment is terminated, the complaint would have to be made within 6 months of the date of termination of employment.

Clause 31 of the Bill would also provide for the enforcement of a determination of the Director of Labour Standards, or a labour standards officer as if it were an order of the Trial Division.

The amendments contained in subclauses 33(1) and (4) of the Bill are consequential on the amendments contained in clause 29.

Clause 36 of the Bill would amend the Act to provide for appeals under the Act to be made to the Labour Relations Board instead of to the Minister of Labour.

Clause 40 of the Bill would create a general offence for failure to comply with the Act.

Clause 42 of the Bill would provide for the reciprocal enforcement of orders relating to the payment of wages issued in jurisdictions outside the province.

Clause 43 of the Bill contains consequential amendments to the Labour Relations Act. These amendments would confer on the Chairperson or the Vice-Chairperson of the Labour Relations Board authority to hear and decide on appeals taken under the Labour Standards Act.

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSN1990 cL-2
as amended

1. (1) Paragraphs 2(a) and (a.1) of the Labour Standards Act are repealed.

(2) Paragraph 2(f) of the Act is repealed and the following substituted:

(f) "minister" means the minister appointed under the Executive Council Act to administer this Act;

2. The Act is amended by adding immediately after section 2 the following:

Employment statement

2.1 (1) An employer shall provide every employee with a statement in writing of the terms and conditions of his or her employment.

(2) An employer shall retain a copy of the statement referred to in subsection (1) and the employee shall be permitted to have access to it.

Copy of Act

2.2 An employer shall display a copy of this Act and the regulations made under it in a prominent and visible place on his or her premises.

3. Section 8 of the Act is amended by adding immediately after subsection (2) the following:

(2.1) The employer shall, unless the employer and employee agree upon shorter periods, permit the employee to take the annual vacation

(a) in one unbroken period of 2 weeks; or

(b) in 2 unbroken periods of one week each,

if the employee, not later than the date on which the employee becomes entitled to the annual vacation, gives the employer written notice of the intention to take the vacation by either of the methods specified in paragraphs (a) and (b).

(2) Section 8 of the Act is amended by adding immediately after subsection (3) the following:

(4) Unless the employer and employee otherwise agree in writing, the employer shall give to the employee not less than 2 weeks' written notice of the dates of the annual vacation, and upon the notice being given, the employee shall take the annual vacation during the period specified in the notice.

(5) Where an employer cancels, or changes the dates of the employee's annual vacation after having given the notice to the employee required by subsection (4), the employer shall reimburse the employee for reasonable expenses incurred by the employee with respect to the cancelled or changed vacation that are not otherwise recoverable by the employee.

4. Section 9 of the Act is amended by adding immediately after subsection (3) the following:

(4) The pay record given by an employer to an employee shall include the amount of vacation pay that has been paid during the pay period beginning on the day after the last pay day and ending in the current pay day.

5. Subsection 14(1) of the Act is amended by adding immediately after paragraph (b) the following:

(b.1) Remembrance Day;

6. Section 15 of the Act is amended by adding immediately after subsection (2) the following:

(3) The wages to which an employee is entitled under subsection (2) shall be calculated by multiplying the employee's hourly rate of pay by the average number of hours worked in a day by the employee in the 3 weeks immediately preceding the holiday.

7. Paragraph 19(1)(b) of the Act is repealed.

8. Paragraph 22(3)(a) of the Act is repealed.

9. Section 25 of the Act is amended by renumbering it as subsection 25(1) and by adding immediately after subsection (1) the following:

(2) An employer may compensate an employee for overtime hours by giving one and a half hours of paid time off work for each hour of overtime worked instead of overtime pay where,

(a) the employer and the employee agree to do so; and

(b) the paid time off work is taken within 3 months of the work week in which the overtime was earned or, with the employee's agreement, within 12 months of that work week.

(3) Where the employment of an employee ends before the paid time off is taken under subsection (2), the employer shall pay the employee overtime pay for the overtime hours that were worked.

10. The Act is amended by adding immediately after section 25 the following:

Overtime not compensible

25.1 Where an employee agrees with one or more other employees to a change in their work schedule and the employer of the employee grants the employee, after the employee has requested in writing to do so, a change in the employee's work schedule that results in the employee working in excess of the standard working hours as permitted by this Part, the employer is not required to pay the employee the rate of wages for overtime set by the regulations.

11.Sections 27, 28 and 30 of the Act are repealed and the following substituted:

Regulations re: minimum wage

27. The Lieutenant-Governor in Council may make regulations respecting minimum wages payable by an employer to an employee including regulations respecting

(a) the undertakings and the areas to which minimum wages should be applied;

(b) the classifications of employees to whom minimum wages are to be applied;

(c) the minimum rates of wages for different undertakings or areas prescribed under paragraph (a) and for a classification prescribed under paragraph (b);

(d) different minimum rates of wages based on commission piece-work or work measured in any manner, whether on a time basis or not;

(e) special minimum rates of wages for apprentices or inexperienced employees;

(f) the maximum amount that may be deducted from a prescribed minimum wage in cases where the employer provides to the employee board, lodging, laundry or other services; and

(g) the minimum period that should be served by an employee who is called out by the employer to serve under the contract of service on a day or the minimum wages to be paid to that employee instead of services that should otherwise be provided by the employee during that day.

Periodic review

30. Every 2 years from the date of coming into effect of regulations made under section 27 or within the lesser period that the Lieutenant-Governor in Council decides, the minister shall review the regulations respecting the minimum wages payable by an employer to an employee.

12.Section 31 of the Act is amended by striking out the figure "28" where it twice occurs and substituting the figure "27".

13. Section 32 of the Act is repealed and the following substituted:

Meaning of bank

32. In this Part, "bank" means

(a) a bank to which the Bank Act (Canada) applies;

(b) another financial institution whose deposits are insured by the Canada Deposit Insurance Corporation; and

(c) a credit union to which the Credit Union Act applies.

14. Subsection 33(1) of the Act is repealed and the following substituted:

Payment of wages

33. (1) At least half monthly and within 7 days after the end of the pay period, an employer shall pay to an employee all wages earned by the employee in a pay period.

15. Subsection 34(2) of the Act is repealed and the following substituted:

(2) An employer shall pay the wages to which an employee is entitled

(a) in lawful currency of Canada;

(b) by cheque or order drawn on a bank in which the employer maintains an account; or

(c) in accordance with subsection (3).

(3) An employer may pay an employee's wages

, with that employee's consent, by direct deposit into an account of a bank of the employee's choice.

16. This Act is amended by adding immediately after section 34 the following:

Expense advance

34.1 (1) Where, in connection with his or her work, an employee is required to incur expenses, the employer shall advance to the employee the amount that he or she may reasonably anticipate will be incurred.

(2) An employee and an employer may agree not to be bound by subsection (1).

(3) Where an employee incurs expenses in excess of the amount advanced to him or her under subsection (1) or where the employee has paid for the expenses out of his or her own money, the employer shall reimburse the employee for the amount spent within 2 weeks of the employee submitting a claim for payment.

17. Subsection 36(3) of the Act is repealed and the following substituted:

(3) An employer shall not withhold or make a deduction from an employee's wages except

(a) deductions required by an Act of the province or of Canada;

(b) amounts ordered to be deducted or withheld by an order of a court;

(c) an overpayment of wages;

(d) deductions related to a group benefit plan that the employee participates in;

(e) savings plan deductions requested by the employee;

(f) overpayment of or unused portion of required travel advances; or

(g) deductions permitted under subsection (2).

18. The Act is amended by adding immediately after section 36 the following:

Special clothing

36.1 An employer shall not require an employee to pay for a uniform where the uniform

(a) is unique to the employer's business operation; and

(b) is identified with the employer's business operation,

to an extent that would make the uniform of no practical use to the employee should the employee's employment be terminated.

19. Subsection 37(1) of the Act is repealed and the following substituted:

Priority of wage claim

37. (1) Notwithstanding another Act, a person to whom unpaid wages are owing by an employer has in respect of the wages a first priority and claim over the claims of all other creditors of the employer, including claims of the Crown, to the extent of $7,500.

(1.1) Wages owing to an employee by an employer are considered to be held in trust by the employer in favour of the employee notwithstanding the wages are not held separately by the employer from other money of the employer.

20. The Act is amended by adding immediately after section 37 the following:

Definition

37.1 In this Part, "director" means a director of a corporation.

Non-application

37.2 (1) This Part does not apply with respect to directors of corporations to which Part XXI of the Corporations Act applies or to which the Co-operatives Act applies.

(2) This Part does not apply with respect to directors of corporations,

(a) that have been incorporated in another jurisdiction;

(b) that have objects that are similar to the objects of corporations to which Part XXI of the Corporations Act applies or to which the Co-operatives Act applies; and

(c) that are carried on without the purpose of gain.

Directors' liability for wages

37.3 (1) The directors of an employer are jointly and individually liable for wages as provided in this Part where,

(a) the employer is insolvent, the employee has filed a claim for unpaid wages earned during a period not exceeding 2 months with the receiver appointed by a court with respect to the employer or with the employer's trustee in bankruptcy and the claim has not been paid;

(b) the Director of Labour Standards has issued a determination that the employer is liable for wages, unless the amount set out in the order has been paid or the employer has applied to have it reviewed;

(c) the Director of Labour Standards has issued a determination that a director is liable for wages, unless the amount set out in the order has been paid or the employer or the director has applied to have it reviewed; or

(d) the Labour Relations Board has issued, amended or affirmed an order relating to a matter to which this Act applies, the order, as issued, amended or affirmed, requires the employer or the directors to pay wages and the amount set out in the order has not been paid.

(2) Notwithstanding subsection (1), the employer is primarily responsible for an employee's wages but proceedings against the employer under this Act do not have to be exhausted before proceedings may be commenced to collect wages from directors under this Part.

(3) The wages that directors are liable for under this Part are wages, not including termination pay as they are provided for under this Act.

(4) The vacation pay that directors are liable for is the greater of the minimum vacation pay provided in Part I and the amount contractually agreed to by the employer and the employee.

(5) The amount of holiday pay that directors are liable for is the greater of the amount payable for holidays at the rate as determined under this Act and the regulations and the amount for the holidays at the rate as contractually agreed to by the employer and the employee.

(6) The overtime wages that directors are liable for are the greater of the amount of overtime pay provided in section 25 and the amount contractually agreed to by the employer and the employee.

(7) A director of a corporation is not liable for unpaid wages under this section where the director exercised the degree of care, diligence and skill to ensure that wages owing were paid that a reasonably prudent person would have exercised in comparable circumstances.

(8) A director who has satisfied a claim for wages is entitled to contribution in relation to the wages from other directors who are liable for the claim.

No relief by contract, etc.

37.4 (1) A provision in a contract, in the articles of incorporation or the by-laws of a corporation or in a resolution of a corporation does not relieve a director from the duty to act according to this Act or does not relieve him or her from liability for breach of it.

(2) An employer may indemnify a director, a former director and the heirs or legal representatives of a director or former director against all costs, charges and expenses, including an amount paid to satisfy an order under this Act, reasonably incurred by the director with respect to a civil or administrative action or proceeding to which he or she is a party by reason of being or having been a director of the employer where,

(a) he or she has acted honestly and in good faith with a view to the best interests of the employer; and

(b) in the case of a proceeding or action that is enforced by a monetary penalty, he or she had reasonable grounds for believing that his or her conduct was lawful.

Civil remedies protected

37.5 A civil remedy that a person may have against a director or that a director may have against a person is not suspended or affected by this Part.

21. Section 38 of the Act is repealed and the following substituted:

Tips or gratuities

38. (1) Tips or gratuities are the property of the employee to whom or for whom they are given.

(2) An employee shall not be required to share a tip with an employer, a manager or supervisor of the employee or an employer's representative.

(3) Where a surcharge or other charge is paid instead of a tip or gratuity, the amount paid shall be considered to be a tip or gratuity for the purpose of subsection (1).

(4) Where a surcharge or other charge is paid instead of a tip or gratuity, or where the amount of the tip or gratuity is itemized on the record of a credit card or debit card payment, the employer may deduct an amount required to be deducted from income by an Act of the province or of Canada from the amount due the employee.

22. Section 43.10 of the Act is repealed and the following substituted:

Bereavement and sick leave

43.10 (1) An employee, having been employed under a contract of service with the same employer for a continuous period of at least 30 days, shall be granted by his or her employer a period of bereavement leave consisting of one day paid leave and 2 days unpaid leave in the event of the death of the spouse, a child, a grandchild, the mother, father, a brother or sister, a grandparent or a mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law or son-in-law of the employee.

(2) The wages to which an employee is entitled under subsection (1) shall be calculated by multiplying the employee's hourly rate of pay by the average number of hours worked in a day in the 3 weeks immediately preceding the bereavement leave.

(3) An employee who is not entitled to bereavement leave under subsection (1) shall be granted a period of bereavement leave consisting of 2 days unpaid leave in the event of the death of a relative referred to in that subsection.

(4) Where an employee who is entitled to one day paid bereavement leave is taking an annual vacation at the time he or she would otherwise have taken the day of bereavement leave, the employee is entitled to take one extra day of annual vacation.

23. The Act is amended by renumbering section 43.11 as section 43.12 and by adding immediately after section 43.10 the following:

Sick and family responsibility leave

43.11 (1) An employee, having been employed under a contract of service with the same employer for a continuous period of 30 days, shall be granted by his or her employer a period of 7 days unpaid sick leave or family responsibility leave in a year.

(2) An employee shall provide his or her employer with a certificate of a qualified medical practitioner for a period of 3 or more consecutive days of sick leave.

(3) An employee shall provide his or her employer with a statement in writing of the nature of the family responsibility where the leave is of 3 or more consecutive days in duration.

(4) An unused portion of the period of leave provided for in this section expires at the end of the year in which it was granted.

24. Subsection 52(1) of the Act is amended by striking out the citation "paragraph 55(a) or (b)" and substituting the citation "section 55".

(2) Subsection 52(2) of the Act is amended by striking out the citation "paragraph 55(a) or (b)" and substituting the citation "section 55".

(3) Subsection 52(3) of the Act is repealed.

25. Paragraph 53(1)(a) of the Act is repealed and the following substituted:

(a) the employee has wilfully refused to obey a lawful instruction of the employer, or has committed misconduct or been so neglectful of duty that the interest of the employer is adversely affected, or has otherwise been in breach of a material condition of the contract of service that in the opinion of the director or the Labour Relations Board considering and deciding a complaint made under this Act warrants summary dismissal;

26.Paragraph 54(1)(a) of the Act is repealed and the following substituted:

(a) the employer has mistreated the employee or acted in a manner that has or might endanger the health or well-being of the employee, or has otherwise been in breach of a material condition of the contract of service that in the opinion of the director or the Labour Relations Board considering and deciding a complaint made under this Act warrants no notice being given;

27. Section 55 of the Act is repealed and the following substituted:

Period of notice

55. (1) The period of notice required to be given by the employer and employee under section 52 is

(a) one week, where the employee has been continuously employed by the employer for a period of 3 months or more but less than 2 years;

(b) 2 weeks, where the employee has been continuously employed by the employer for a period of 2 years or more but less than 5 years;

(c) 3 weeks, where the employee has been continuously employed by the employer for a period of 5 years or more but less than 10 years;

(d) 4 weeks, where the employee has been continuously employed by the employer for a period of 10 years or more but less than 15 years; and

(e) 6 weeks, where the employee has been continuously employed by the employer for a period of 15 years or more.

(2) For the purpose of subsection (1) "continuously employed" includes the employment of seasonal workers who are engaged under a contract of service of 2 or more consecutive seasons of at least 5 months in each season during which the employee is occupationally engaged.

28. Subsection 57(2) of the Act is repealed and the following substituted:

(2) The employer shall,

(a) for the duration of the notice period set out in subsection (3), continue to employ the employees on whom notice of intention to terminate has been served under subsection (1); or

(b) pay the employee wages equal to the normal wages covering the period of notice that the employer would otherwise be required to give under this section.

29.

Sections 59 and 60 of the Act are repealed and the following substituted:

Labour Standards Boards

59. (1) The Lieutenant-Governor in Council may periodically appoint a Labour Standards Board to advise it on matters coming within the scope of this Act.

(2) A board appointed under subsection (1) shall consist of an equal number of representatives of employees and employers together with one other, independent person, who shall be the chairperson.

(3) The members of the board shall be paid the remuneration that the Lieutenant-Governor in Council may fix, together with reasonable expenses actually incurred in the discharge of their duties.

30.

(1) Section 61 of the Act is amended by striking out the words "the Department of Employment and Labour Relations" and substituting the words "the department".

(2) Paragraph 61(b) of the Act is repealed and the following substituted:

(b) those officers and inspectors that may be necessary for the purpose of helping the director carry out his or her powers, functions and duties under this Act or otherwise for securing the proper observance of this Act.

31. (1) Paragraph 62(1)(b) of the Act is repealed and the following substituted:

(b) investigate either on direction by or on behalf of the minister or upon representations or complaints made under paragraph (a), and, where the matter investigated or complained of relates directly or indirectly to a provision of this Act or an order or regulation made under this Act to be fulfilled by an employer, employee or director of a corporation, may consult with the persons affected by or associated with the investigation or complaint with a view to achieving a settlement;

(2) Paragraph 62(1)(d) of the Act is repealed and the following substituted:

(d) accept from employers or directors of corporations unpaid wages, tips or gratuities or surcharges paid instead of tips or gratuities due to the employees and remit them to the employees;

(3) Subsection 62(3) of the Act is repealed and the following substituted:

(3) A complaint to the director may not be made after the expiry of 2 years from the happening of the event giving rise to the complaint but, where an employee's contract of service is terminated, the complaint shall be made not later than 6 months of the date the employee's contract is terminated.

(4) A determination of the director under this section may be filed in the registry of the Supreme Court and when it is filed the determination is enforceable in the same manner as an order of the Trial Division as if it were an order of the Trial Division.

32.

Paragraph 63(5)(b) of the Act is repealed and the following substituted:

(b) where the court or the Labour Relations Board is satisfied that the employer has failed to comply with this section.

33.

(1) Paragraph 66(b) of the Act is repealed.

(2) Paragraph 66(e) of the Act is repealed.

(3) Paragraph 66(h) of the Act is amended by adding immediately after the semicolon the word "and".

(4) Paragraph 66(i) of the Act is repealed.

34.

Section 67 of the Act is repealed.

35.Section 68 of the Act is repealed and the following substituted:

Review

68. The Labour Relations Board may

(a) consider, review and decide upon those matters falling within the scope and intent of this Act that may be referred to it by

(i) the director, or

(ii) a person aggrieved by a determination of the director; and

(b) make orders upon employers, employees or directors of corporations respecting a matter referred to it under paragraph (a) including orders as to the payment of wages, tips, gratuities or surcharges, instead of tips or gratuities payable to employees and orders requiring compliance with an obligation imposed upon employers, employees or directors of corporations under this Act.

36.

Section 69 of the Act is repealed and the following substituted:

Application for order of board

69. (1) Without limiting the power of the director to make a determination under paragraph 62(1)(c), the director may

(a) following receipt of a complaint made under paragraph 62(1)(a); or

(b) following an investigation made under paragraph 62(1)(b),

submit the complaint or question arising from the investigation to the Labour Relations Board for a decision and an order that it considers necessary or appropriate having regard to the nature of the complaint or question submitted.

(2) Where the director submits a complaint or a question arising from an investigation to the Labour Relations Board, the director shall not be considered to be acting on behalf of a complainant in doing so.

(3) A person aggrieved and affected by a determination of the director under paragraph 62(1)(c) may, within 30 days after the receipt of the determination, file an application for a review of that determination with the Labour Relations Board.

(4) Where an application for review under subsection (3) relates to the payment by the applicant of wages, tips or gratuities or surcharges instead of tips or gratuities due to an employee under this Act, the applicant shall deposit with the Labour Relations Board at the time of making the application

(a) the amount that is determined by the director to be payable by theapplicant, which shall be held in trust by the Labour Relations Board; or

(b) a bond or other security in a form and in an amount satisfactory to the Labour Relations Board,

and where the Labour Relations Board decides that the wages, tips or gratuities or surcharges instead of tips or gratuities are payable to the employee, the sum, bond or other security so deposited shall be applied by the Labour Relations Board towards the satisfaction of an order made by it.

(5) Where, on the coming into force of this section, an adjudicator has begun to consider, review, hear and decide upon a matter but has not given a decision, the adjudicator remains seized with the matter until it gives its decision.

(6) Where, on the coming into force of this section, an application has been made to an adjudicator but the adjudicator has not begun to consider, review, hear and decide upon the matter that is the subject of the application, the application shall be considered to have been made to the Labour Relations Board.

37.

Sections 70, 71 and 72 of the Act are repealed.

38.(1) Subsection 73(1) of the Act is repealed and the following substituted:

Offence and penalty

73. (1) A person is guilty of an offence who fails to comply with

(a) a valid determination made by the director under section 62 in respect of which no application for review has been made to the Labour Relations Board; or

(b) a valid order of the Labour Relations Board with respect to a matter under this Act.

(2) Subsection 73(4) of the Act is repealed and the following substituted:

(4) A copy of an order made by the Labour Relations Board and certified by that board, with an affidavit of service of the order upon a person charged under this section is, in the absence of evidence to the contrary, proof that the order was made, that the contents of the order are accurate and that the order was served upon the accused.

39.Subsection 74(1) of the Act is amended by deleting the word "adjudicator" wherever it appears and substituting the words "Labour Relations Board".

40. The Act is amended by adding immediately after section 76 the following:

General offence

76.1 A person who fails to comply with this Act or the regulations is guilty of an offence and is liable, on summary conviction, where no other penalty is provided for in this Act or the regulations, to a fine of not less than $200 not more than $2,000, and in default of payment to imprisonment for a term not exceeding 3 months.

41.

(1) Section 79.1 of the Act is amended by deleting the word "adjudicator" wherever it appears and substituting the words "Labour Relations Board".

(2) Paragraph 79.1(1)(b) of the Act is repealed and the following substituted:

(b) the Labour Relations Board makes an order with respect to a matter under this Act,

42. The Act is amended by adding immediately after section 79.1 the following:

Reciprocal enforcement of orders

80. (1) In this section, "order" includes a judgment and, in the case of a province or territory of Canada whose labour standards legislation contains a provision substantially similar to subsection 62(4), includes an order for the payment of money owing under that legislation.

(2) The provinces or territories of Canada the Lieutenant-Governor in Council may recognize are reciprocating provinces and territories for the purpose of this section and the authorities designated by the Lieutenant-Governor in Council with respect to those provinces and territories are the authorities who may make application under this section.

(3) The designated authority of a reciprocating province or territory may apply to the director for enforcement of an order for the payment of money issued under the labour standards legislation of that province or territory.

(4) The application shall be accompanied by a copy of the order, certified as a true copy,

(a) by the court in which the order was filed, if the labour standards legislation of the reciprocating province or territory provides for the filing of the order in a court; or

(b) by the designated authority, if the labour standards legislation of the reciprocating province or territory does not provide for the filing of the order in a court.

(5) The director may file a copy of the order in a court and, upon its filing, the order is enforceable as a judgment or order of the court,

(a) at the instance and in favour of the director; or

(b) at the instance and in favour of the designated authority.

(6) The director or the designated authority

(a) is entitled to the costs of enforcing the order as if it were an order of the court in which the copy of it was filed; and

(b) may recover those costs in the same manner as sums payable under the order may be recovered.

RSN1990 cL-1 Amdt.

43. (1) Subsection 2(1) of the Labour Relations Act is amended by adding immediately after paragraph (k) the following:

(k.1) "Director of Labour Standards" means the Director of Labour Standards appointed under the Labour Standards Act;

(2) Paragraph 2(1)(q) of the Act is repealed and the following substituted:

(q) "minister" means the minister appointed under the Executive Council Act to administer this Act;

(3) Section 9 of the Act is amended by adding immediately after subsection (7) the following:

(8) Notwithstanding another provision of this section, the chairperson shall not establish a panel of the board to consider and decide a matter referred to the board under subsection 17(3).

(4) The Act is amended by adding immediately after section 9.2 the following:

Role of chairperson and vice-chairperson

9.2 (1) A matter referred to the board under subsection 17(3) and authorized to be dealt with by the board under paragraphs 18(l) and (m) shall be dealt with by the chairperson or, where the matter is referred to him or her by the chairperson, by the vice-chairperson of the board.

(2) In dealing with a matter under subsection (1) the chairperson and the vice-chairperson have all the powers this Act confers on the board to deal with a matter referred to it.

(3) The rules and regulations made under this Act that apply to the board apply, with the necessary changes, to the chairperson and the vice-chairperson in dealing with a matter under subsection (1).

(4) Notwithstanding subsection (3), the chairperson may make alternative rules to those which would apply to the board if the board were dealing with a matter under subsection (1) and where the chairperson makes alternative rules, they apply instead of the rules that would apply to the board were the board dealing with the matter.

(5) Subsection 6(4) does not apply to the vice chairperson in dealing with a matter under subsection (1) of this section.

(5) Section 17 of the Act is amended by adding immediately after subsection (2) the following:

(3) The Director of Labour Standards or a person aggrieved by a decision of the Director of Labour Standards may apply to the board for the determination of a matter referred to in paragraph 18(l).

(6) Section 18 of the Act is amended by deleting the word "and" at the end of paragraph (j) and by deleting the period at the end of paragraph (k) and substituting a semicolon and by adding immediately after that the following:

(l) consider and decide upon those matters referred to it which fall within the scope and intent of the Labour Standards Act; and

(m) make orders upon employers, employees and directors of corporations respecting a matter referred to it under the Labour Standards Act, including orders as to the payment of wages, tips, gratuities or surcharges instead of tips or gratuities payable to employees and orders requiring compliance with an obligation imposed upon employers, employees or directors of corporations under the Labour Standards Act.

Commencement

44. This Act or a section of this Act comes into force on a day or days to be proclaimed by the Lieutenant-Governor in Council.